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BURLINGTON NORTHERN R. CO. v. BAIR

Nos. 84-2004, 84-2053.

754 F.2d 799 (1985)

BURLINGTON NORTHERN RAILROAD, CO., Appellant, v. Gerald D. BAIR, Director of the Department of Revenue of Iowa, Appellee. BURLINGTON NORTHERN RAILROAD CO., Appellee, v. Gerald D. BAIR, Director of the Department of Revenue of Iowa, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 15, 1985.

Attorney(s) appearing for the Case

James McBride (argued), Washington, D.C., Richard A. Malm, Des Moines, Iowa and Stephen D. Goodwin, Memphis, Tenn., for appellant.

Mark Schuling (argued), Des Moines, Iowa, Gerald A. Kuehn, Asst. Atty. Gen., Des Moines, Iowa, for appellee.

Before LAY, Chief Judge, FAGG and BOWMAN, Circuit Judges.

PER CURIAM.

Burlington Northern Railroad brought this action under Section 306 of the Railroad Revitalization and Regulatory Reform Act of 1976, 49 U.S.C. § 11503, alleging discriminatory tax treatment by the State of Iowa. Three complaints were made: (1) the state of Iowa, in tax years 1979 through 1982, assessed and collected, or sought to collect, tax payments on Burlington Northern's personal property while effectively allowing most other personal property...

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